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Independent and impartial tribunal with emphasis on judgements of the Grand Chamber of the European Court of Human Rigrts
Staňková, Jana ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...
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The principle of subsidiarity of criminal law
Holečková, Petra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Summary: Counsel in the Criminal Proceedings The objective of my thesis is to describe the position of a defense counsel during a criminal procedure and analyze the currently valid law governing the counsel's position in the criminal proceedings, and how is law applied in real life and also describe duties and obligations of defense counsel. I choose this topic, because during studies of criminal law I was intrigued by the complexity of criminal trial a by the role of the defense counsel in it. I wanted to gain deeper knowledge of rights and obligations of the defense counsel and research limits of criminal defense. Fair trial is considered as one of the fundamental basics of democratic state. The objective of criminal trial is to reach a proper and rightful verdict as a result of fair trial. Criminal trial could be considered fair only if both sides, the defendant and the prosecutor, are both provided with equal rights. Defendant is often a person without thorough legal knowledge and thus is considered to be in disadvantaged position. As opposed to prosecutor, defendant finds himself in new, unknown position, and his basic rights and his future life are endangered. To remedy this situation, defendant can be in criminal proceedings represented by defense counsel, who is professional, has experience and...
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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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The principle of subsidiarity of criminal law
Vychyta, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of any person accused of a crime to be defended at a court by a professional defence counsel is a fundamental element of a democratic criminal proceeding. The aim of this diploma thesis is to analyse the position of the defendant as it is regulated particularly within the code of criminal procedure and the advocacy act, to gather and to summarize available information from various publications written by important Czech jurists and to add a brief introduction to the history of the position of defence counsels in the Czech legal system as well as some own minor remarks related to this topic. The thesis consists of 10 main chapters further divided into two levels of sub- chapters. After a brief introduction (chapter 1) follows the chapter related to a general concept of the defence right and relating issues such as the formal and material defence and the relevant sources of law. The third chapter contains short summary about the development of the counsel's position and the law regulating it throughout modern history from 19th century, up to this day. The following chapter which is the largest is called "Position of the defence counsel in the criminal proceedings". It contains a several sub-chapters dealing with various issues from general ideas of a role of the defence counsel to the...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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Court Interpreting in the Czech Republic: the status quo
Doušová, Lucie ; Jettmarová, Zuzana (advisor) ; Špirk, Jaroslav (referee)
This thesis addresses the current state of court interpretation in the Czech Republic. The work consists of two parts, theoretical and empirical. The theoretical part describes EU legislation on court interpretation and projects that aim to improve the quality of court interpretation. The thesis also discusses the development of Czech legislation regarding court interpretation from its inception to the present and expands to expected future development in the field of court interpretation. Major institutions such as EULITA at the European level and KST ČR in the Czech Republic are alluded to in the work. The empirical part consists of research conducted by a questionnaire among court interpreters, judges and investigators. The aim of the research is to answer the question who the present Czech court interpreters are and what their co-operation with the judges and investigators is like.
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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Principle of contradiction in court proceedings and its future in Czech criminal process
Veverka, Vojtěch ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Rigorosum thesis "Principle of contradiction in court proceedings and its future in Czech criminal process" is focused mainly on the extent to which the current Czech criminal proceedings reflect the principle of contradiction and also to which the existing criminal process enables any further expansion of this principle's manifestation. The thesis is trying to find the reasons why the Czech judicial practice usually refuses to accept and use certain characteristic symptoms of contradictiory proceedings in the form of an increase in activities and the burdens of the responsible parties despite the fact that the legislator tried to introduce those symptoms into statutory text explicitly. This is researched in the thesis through examining the historical context, the enumeration of constitutional and human rights foundations, analyzing the roles of the parties in the criminal proceedings as well as the role of the court and a brief introduction into some of the foreign criminal procedures. The thesis also evaluates the current phase of preparation the new Czech criminal procedure law and its presumed level of contradiction.
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Basic procedural rights of parties to administrative procedure
Moravec, Ondřej ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
This diploma thesis deals with basic procedural rights of parties to administrative procedure. The aim of the thesis is to analyze and evaluate their current legal regulation particularly contained in the Act No. 500/2004 Coll., administrative code, as amended. The thesis is divided into an introductory chapter, five chapters and a conclusion. The aim of the introductory chapter is to introduce a reader to the issue of fair trial and basic procedural rights of parties to Czech administrative procedure. The first chapter deals with definiton of basic terms related to administrative procedure. The second chapter focuses on more detailed explanation of participation of parties to administrative procedure. The aim of the third chapter is to summarize different approaches towards the concept of fair trial and to bring a list of analyzed basic procedural rights of parties to administrative procedure. The fourth chapter deals individually with each of the fourteen analyzed basic procedural rights. The fifth chapter concentrates on the application of basic procedural rights incorporated in administrative code to special administrative proceedings, which is demonstrated on the case of two proceedings regulated by the Act No. 111/1998 Coll., as amended. The conclusion evaluates the statutory regulation of...
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